Overview
FAR 13.104 establishes the requirement for contracting officers to promote competition to the "maximum extent practicable" when using simplified acquisition procedures to ensure the government receives the most advantageous offer while balancing administrative costs.
Key Rules
- Maximum Extent Practicable: Contracting officers must seek competition to the highest degree possible within the context of simplified acquisitions.
- Prohibitions: Solicitations must not be based on personal preference or restricted to well-known brand names or widely distributed makes.
- Source Selection (Non-GPE): If the solicitation is not posted to the Governmentwide Point of Entry (GPE), competition is typically achieved by soliciting within the local trade area.
- The "Rule of Three": Unless a synopsis is required, the contracting officer should generally solicit at least three sources to ensure adequate competition.
- Rotating Sources: Whenever practicable, the contracting officer should request quotes from at least two sources that were not included in the previous solicitation for the same requirement.
- Reverse Auctions: Any reverse auction conducted under these procedures must comply with the guidelines in FAR subpart 17.8.
Practical Implications
- Contracting officers must balance the need for speed in simplified acquisitions with the duty to avoid favoritism, often using the "three-quote" benchmark to demonstrate compliance.
- Market research is critical to identify new vendors, as the regulation specifically encourages rotating sources to prevent "incumbent lock" and foster a broader industrial base.